IV. ISSUES
[5] At the commencement of the hearing, EC's counsel stated that his client would be
making certain admissions regarding liability. The other parties stated that further facts
not admitted by EC also constitute liability and are aggravating in nature, and relevant to
the personal and systemic remedies sought by them. I consider in these Reasons the
extent of EC's liability and what remedies are appropriate.
V. DECISION
[6] The Complaint has been substantiated.
VI. LIST OF WITNESSES
The following individuals gave evidence:
(1) Mr. James Peter Hughes - the Complainant;
(2) Prof. Catherine Frazee - disability rights/accessibility expert;
(3) Mr. Michel Roussel - senior director, field readiness and event management, EC; and
(4) Mr. Robert Topping - architect and expert on accessibility, universal design and barrier-free
design.
VII. FACTS
[7] The parties filed a limited Agreed Statement of Facts. As indicated earlier, at the
beginning of the hearing, EC conceded certain facts, the combination of which EC
agreed, results in liability under subsection 5(b) of the CHRA. The concession of liability
involved the admission of facts regarding the walk to, and entrance #2 itself. EC has
agreed not to use St. Basil's Church again as a polling location. There are many better,
fully accessible locations close by. There was some disagreement as to certain facts.
Below are my findings of fact, including those facts found in the Agreed Statement of
Facts and those admitted by EC.
[8] Mr. James Peter Hughes and his wife lived for many years in the United States. They
moved back to Canada upon retirement. Mr. Hughes has post-polio syndrome and uses a
wheelchair or walker. They live in a condo in downtown Toronto, a couple blocks away
from St. Basil's Church, the polling location used in the two electoral events at issue here.
Mr. Hughes testified that the March 2008 by-election was his first time voting in a
Canadian election since he lived in Quebec in the 1970s. This was an important event for
him. Unfortunately, the "election experience" he received was less than what he had
hoped for.
Voting in the March 17th By-election
[9] On March 17, 2008, he proceeded using his walker to vote at St. Basil's Church. The
Church is in a beautiful, old building in downtown Toronto. It has three entrances:
entrance #1 (main one, south side); entrance #2 (back one, north side); and entrance #3
(side one, west side). More will be said about the three entrances later in these Reasons.
2010 CHRT 4 (CanLII)
for-profit, multi-disciplinary organization covering a wide spectrum of disabilities. It has
participated in many leading human rights cases, including before the Supreme Court of
Canada.